1-1     By:  Najera (Senate Sponsor - Duncan)                  H.B. No. 195
 1-2           (In the Senate - Received from the House April 30, 2001;
 1-3     May 1, 2001, read first time and referred to Committee on Criminal
 1-4     Justice; May 11, 2001, reported favorably by the following vote:
 1-5     Yeas 4, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the analysis of information identifying persons
 1-9     committing or suspected of committing certain property offenses
1-10     against elderly individuals.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. Subchapter D, Chapter 411, Government Code, is
1-13     amended by adding Section 411.051 to read as follows:
1-14           Sec. 411.051.  ANALYSIS OF INFORMATION IDENTIFYING PERSONS
1-15     COMMITTING OR SUSPECTED OF COMMITTING CERTAIN PROPERTY OFFENSES
1-16     AGAINST ELDERLY INDIVIDUALS. (a)  This section applies to an
1-17     offense under Chapter 31 or 32, Penal Code, or any other offense
1-18     under that code involving an intent to steal or defraud if the
1-19     offense was committed against an elderly individual as defined by
1-20     Section 22.04(c), Penal Code.
1-21           (b)  For purposes of this section, the  victim's status as an
1-22     elderly individual is determined according to the victim's age at
1-23     the time of the offense.
1-24           (c)  A law enforcement agency that investigates an offense
1-25     described by Subsection (a) shall report the investigation to the
1-26     department in the form and manner and at regular intervals as
1-27     prescribed by rules adopted by the department.  The rules must
1-28     require submission of the original investigative report and any
1-29     supplemental investigative report containing new, significant
1-30     information.
1-31           (d)  To identify a person committing or suspected of
1-32     committing an offense described by Subsection (a) or a victim of an
1-33     offense described by that subsection, the department shall analyze
1-34     information received under this section and any other corresponding
1-35     information possessed by the department.
1-36           (e)  The department shall make the analysis required by this
1-37     section available to any local law enforcement agency, political
1-38     subdivision, or state agency to the extent the analysis is
1-39     reasonably necessary or useful to the agency or subdivision in
1-40     carrying out duties imposed by law on the agency or subdivision.
1-41     This subsection may not be construed to enable direct access by a
1-42     person to information analyzed by the department under this section
1-43     if the person does not otherwise have direct access to that
1-44     information.  Dissemination of the analysis required by this
1-45     section is subject to all confidentiality requirements imposed by
1-46     other law.
1-47           SECTION 2. The Department of Public Safety of the State of
1-48     Texas shall establish the rules and procedures necessary to comply
1-49     with Section 411.051, Government Code, as added by this Act, not
1-50     later than October 1, 2001.
1-51           SECTION 3. This Act takes effect September 1, 2001.
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